Category Archives: Current events

Living Under the Mirage of Law

Respect for “the law” held by liberals and conservatives alike is entirely a consequence of their own personal stance on its validity. For example, the Supreme Court found in Citizens United that free speech protection does indeed extend to corporations, but since that didn’t sit to well with liberals (who are eager to selectively muzzle corporations they disagree with) they applaud any attempt to undermine that decision. The second amendment guarantees a right to individual gun ownership, but again liberals will hardly shed a tear when local officials defy that right with onerous restrictions. Likewise, Roe v. Wade and Obamacare are settled constitutional law (according to the Supreme Court) and yet conservatives will do whatever they can to subvert the spirit and intent of these laws. With conservatives the cognitive dissonance of unconditionally supporting cops (even when throwing grenades into a baby’s crib) but opposing taxes creates unexpected results. Last year Eric Garner chose to ignore New York’s laws regarding selling untaxed cigarettes and paid the ultimate price for his impertinent obstinacy in not bending to the will of the state (death by cop). And what did the putatively tax-averse conservative do? Rather than commending his act of tax-rebellion, they hid behind a wall of cowardice in proclaiming, “well, the law is the law and it must be followed.” I guess they’re only opposed to onerous taxes that affect them.

Religious conservatives are now all too happy to do a full 180 on the principal of “follow the law” and heap accolades upon someone who defies the law – because they happen to agree with her. Kim Davis, clerk of the court for Rowan County Kentucky, is being held up as a noble heroine for her staunch refusal to issue marriage licenses to gay couples. There aren’t many things one can be sure of in life but of this I am most certain: had the court ruled the other way and we now had a clerk issuing marriage licenses to gay couples in defiance of that decision, conservatives would be quite vocal on the sanctity of the “rule of law” and that officials have a solemn duty to carry out the law despite their own personal misgivings.

At one time the Fugitive Slave Act, Jim Crow, and Japanese internment were law but I dare say you’d be hard pressed to find anyone today who would view people that ignored those laws as being guilty of anything other than heroism. So where does this leave us? If sometimes it really is ok to ignore the law and sometimes it (supposedly) isn’t, then perhaps the problem is not with a societal lack of unwavering respect for “the law” but rather with the laws themselves. This lack of solidarity over what constitutes valid law is merely a reflection of the fact that society is composed of individuals who don’t all agree on everything. That is ok. I have some shocking news: it is possible for people to live together and not be forced to live the exact same way.

Laws of nature cannot be broken; laws of man can. By labeling the latter with the same appellation as the former, society deludes itself into believing the two are equivalent in their capacity to govern human behavior. Man’s laws are that fiction that implies human behavior can be constrained by mere ink. And if ink alone doesn’t work then we now have our excuse to “enforce” its edicts by any means necessary. Law is not protection from aggression but rather an excuse to engage in it – “look, he broke the law, go get him!” Laws against murder, rape, or theft are not what potentially protect us from such acts, rather feedback does. That is to say, contained within the act itself is the basic natural right to reciprocally respond to it (the right of self-defense). The real and certain potential for instantaneous reciprocity is the actual deterrent that keeps criminals at bay, not mere laws.

Rules (laws) are acceptable if one has affirmatively consented to them (and consent does not mean merely being born within invisible walls), but without consent mere ink can not convey the right to aggress against others because they choose not to follow particular rules concerning taxation, social behavior, or other non-aggressive behavior.

There is nothing mistaken in thinking this law or that law is unjust and should be ignored; all non-property rights violation laws are but mere opinion enforced with guns. The real crime here is engaging in the hypocrisy of believing we must live under a rule of law while simultaneously ignoring the laws you don’t like. Don’t be a hypocrite; admit that forcing others to live according to your beliefs is dishonorable and in that moment you will have earned the right to live unmolested by the beliefs of others. If you espouse aggression against others, then don’t come crying when others aggress against you.

Anchors Away!

Donald Trump has finally brought up a legitimate point in the ongoing debate over illegal immigration (as opposed to his usual economically illiterate xenophobic racially-tinged fear mongering). The courts have long used the 14th Amendment as a justification for birthright citizenship, that is, the notion that one instantaneously acquires US citizenship merely by being birthed within US territory. This interpretation has created the phenomenon known as “anchor babies”, that is, the children of immigrant women (legal or otherwise) who enter the US merely to give birth. By virtue of the citizenship status of the newly birthed, the entire extended family may to varying degrees be granted residency status. Unconditional birthright citizenship (‘Jus soli’, right of the soil) is a peculiarity of the New World. It is almost exclusively found in the Americas. Everywhere else it is unknown or exists only with many conditions. The rest of the world follows a system of ‘jus sanguinis’ (right of the blood) which means that citizenship flows from the citizenship status of the parents. On its face this does seem to be the more practical approach. Would you want your child saddled with the citizenship of some foreign land you just happened to be travelling through at the time of her birth? Indeed that has happened to a number of “accidental Americans” who have never lived in the US but are labeled as tax cheats by the IRS because of an accident of birth location.  Birthright citizenship seems to be primarily a legal artifact found among those former New World countries that sought to rapidly increase populations. In the US the amendment merely codified what was already common law practice at the time while also unambiguously establishing citizenship for former slaves.

Contrary to popular opinion, birthright citizenship in the US is not entirely unconditional. The condition it hinges on is normally ignored as its meaning in modern parlance is somewhat opaque to those without a legal or history background. The amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and The States wherein they reside.” The key clause here is “and subject to the jurisdiction thereof.” So citizenship requires not only that you be born within US territory but that you also be subject to the jurisdiction of the US government at that time. You could only be subject to such jurisdiction if your parents (your legal guardians) were subject to such jurisdiction. At first glance it would seem that applies to anyone in the US, citizen or not. After all, anyone who kills someone or rob them, is “subject” to US laws against it, right? Well yes that is true, but the key word our modern ears need is the one that was obvious and thus unspoken for those in the 19th century. The latent word is “complete” as in “the complete jurisdiction thereof”. “Complete jurisdiction” is redundantly the same thing as “jurisdiction” because both stand in contrast to “partial jurisdiction”. Partial jurisdiction means one is subject to laws against murder, theft, etc., but likewise are not subject to laws related to the obligations of citizens. A foreigner (or more legally precise, an alien) is a citizen of another state and thus by virtue of that foreign allegiance cannot be subject to the complete jurisdiction of the US. (e.g. an alien is not required to serve on a jury, may not vote, may not be drafted, etc).

So, in short this means the proper interpretation of the “citizenship” clause of the 14th amendment is that if both parents are already citizens of another state (owe allegiance to another state, thus not subject to the complete jurisdiction of the US) then one does not acquire US citizenship at birth. If the parents are stateless (or one is orphaned) then one could acquire US citizenship. The proof that this is the proper interpretation is found both in practice and via first hand accounts on the drafting of this amendment. In practice, American Indians, who were not subject to the complete jurisdiction of the US but who were nevertheless born in US territory, were not made citizens after this amendment was passed. Indeed it was not until 1924 that the Indian Citizenship Act made them US citizens. If the 14th amendment were interpreted the way it is today then no such law should have been necessary. Clearly there has been a change in interpretation. But don’t take my word for it, let’s hear what the author of the citizenship clause, Senator Jacob M. Howard (MI) had to say on it in 1866: “This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”

Paddling Upstream

“We kept losing our men, they kept escaping from the factory life from a pesthole–till we had nothing left except the men of need, but none of the men of ability.” Atlas Shrugged, Chapter 10

 

This quote from Ayn Rand’s “Atlas Shrugged” highlights the ultimate outcome of a “to each according to his need, from each according to his ability” pay scale at the fictional Twentieth Century Motor Works. That this novel has been so eerily prescient on so many topics is a testament not so much to Ms. Rand’s prose but rather to her ability to recognize cyclical patterns that emerge in society due to those that succumb to ideas driven by emotion rather than reason. One of the most common fallacies is to conflate the value of one’s humanity (which is equal for all) with the value placed on what one produces. It is an easy error to make; after all it certainly seems “fair” that if two people work equally long and equally “hard” they deserve equal remuneration. Even though this fallacy (the labor theory of value) is easily overturned by considering the case of a mud-pie baker in comparison to an apple pie baker, it continues to infect the minds of all too many. When our leaders are infected with this nostrum, their position of power permits them to spread the damage far and wide. Governmental implementations of this idea include the minimum wage coupled with welfare. Such policies with one hand make it illegal for those with low experience or skills to work while with the other hand pays those same people to not work, crushing their spirit and the motivation to improve themselves.

Private implementation of this idea is more rare, but it does happen. The most recent and well-publicized example is that of Gravity Payments located in Seattle. The company’s CEO, Dan Price, apparently took a page from Atlas Shrugged and announced they would implement a new $70,000 minimum salary pay scale (that’s a $33.65 minimum wage).

Those on the left predictably rejoiced at this news – here was someone finally doing privately what they have been insisting for so long government must force everyone to do. Irrespective of who implements such a plan (public or private) it is doomed to failure on psychological grounds. The first signs of that failure harkens back to the Atlas Shrugged quote above – “we kept losing our men.” Early on two of Gravity Payment’s key employees quit citing the inequity of a pay scale they saw as rewarding the least productive at the expense of the more productive. Like a talent sieve there is nothing to retain or attract the more productive employee when it is need, and not effort, that is rewarded. Likewise, like an anti-talent magnet only those with the lowest drive and skillset will be attracted, for where else could they have any hope of earning such a high wage?

The irony here is that Mr. Price started his company in order to provide the lowest cost alternative in the payment processing industry. He saw others charging too much and he knew he could do the same for less (that is, be more efficient and hence more productive). Now he claims he will not raise prices in order to support this new wage scale (he’s already lost some customers over this fear). But, it seems, if he is going to be consistent it would be perfectly acceptable to raise prices and lay a guilt trip on his customers if they were reluctant to pay the higher rates. After all, his company “needs” the money to pay his employees who “need” their high wages.

Wages, like everything else, are a function of supply and demand. Demand is a function of the subjective valuations humans place on things. Supply is a function of the uneven distribution of varying talents. We can no more expect uniformity in wages than we can expect solidarity in opinion or an equal distribution of talents. One can paddle up stream only for so long; eventually nature will overpower our feeble attempts to counter to it.

Kate’s Law: Smoke and Mirrors

Politicians are nothing if not predictable. Whenever a tragedy occurs they are all too eager to pronounce how their proposed law will ensure such things never happen again. Unfortunately this is never the case. Whatever “law” they have proposed, were it in place at the time of the tragedy, actually would have done nothing to prevent it. For example in the wake of the Newtown Connecticut shootings there were calls to ban “assault rifles” and increase waiting periods. Even if one is inclined to believe such measures can reduce violence they have to admit it would have done nothing to have stopped that particular shooting: no “assault” rifles were used and the perpetrator used the legally acquired weapons owned by mother (whom he killed to get at them). Perhaps a law that makes it illegal to kill someone and take their guns could have prevented that tragedy. Why has no one thought of that yet!

Another recent tragedy has sparked yet another wave of legislative inanity. The tragic death of Kate Steinle this past July in San Francisco by an illegal immigrant (an apparent accidental shooting) has prompted several new proposed laws in Congress, the most prominent one being “Kate’s Law” (of interest: no gun laws are proposed because the weapon used was stolen from a federal agent’s car and subsequently found in the trash by the shooter). This law seeks to increase jail time to a minimum of 5 years for illegal immigrants who re-enter after deportation. The suspect in the case (Juan Francisco Lopez-Sanchez) is a 5 time deportee. He has been described as a “convicted felon” but the only “felonies” committed are entering the US illegally after being deported as well as some low level non-violent drug offenses. A model citizen he is not, but he’s hardly Tony Montana.

People believe a 5-year sentence would have prevented this tragedy because he was released in March 2015 after having served 4 years for re-entering the US after being deported. So yes, I suppose technically had the 5-year minimum been in place this tragic shooting would not have occurred. But this is just playing games on the margins. Who’s to say had he been released 1 year later that the same thing would not have occurred then? People would be beating their chests for mandatory 6-year sentences! Yes, that will solve it. If extending jail time is an effective method to prevent violent deaths then why not also argue that all convicted felons (irrespective of immigration/citizenship status) have a year added to their sentence? Or two? Or ten? Or perhaps life in jail? There is no logical divide between “Kate’s Law” and a proposal for perpetual jail time as a method to prevent crime.

The real problem here is not the length of the prison sentence but rather a disconnect between the duties of local law enforcement and federal immigration enforcement (ICE: Immigration and Customs Enforcement). Legally Francisco should have been deported after his sentence was up, however San Francisco County denied the request to turn him over and he was released. This is where cities like San Francisco get the moniker of “sanctuary cities.” Unsurprisingly such simple labels do not tell the whole story. “Sanctuary cities” as such do not exist (in that they harbor actual violent criminals). Whenever a case involves an actual violent felon all such cities have complied with ICE requests for detention. But violent convicted felons who are also illegal immigrants are quite rare. Most immigrants who find themselves temporarily locked up are guilty of low-level misdemeanors or less. Local authorities simply do not have the manpower, resources or money to cooperate with ICE on every single arrest of someone who may possibly have a questionable immigration status. ICE basically expects local agencies to feed, house, and manage every single person they arrest who might possibly be an illegal immigrant while providing zero monetary compensation for such efforts. This is what is known as an “unfunded mandate.” And if the city does hold someone for ICE for days on end and they turn out to not be an illegal then quite often the city gets sued. Do you think ICE is there to help them defend against that suit? There’s no free lunch. If the Feds want help in enforcing immigration laws they need to pay for that help.

The irony here is that the Federal government poisoned our neighbor’s well and now feigns outrage when those neighbors come here to use our well. The US created this immigration “crisis” through their policies of agricultural subsidies that allow US farmers to dump cheap goods into Latin America. This destroyed those agricultural markets, put their farmers out of work, and ultimately leads to the unemployed looking for work in the US. Interventionism, whether domestic (subsidies) or international, always results in unintended outcomes (blowback). The solution is not more interventionism but to undo the original intervention.

Symbols

Shortly after the horrific Charleston church shooting an arrest was made of the execrable Dylann Roof. The media quickly set about digging into his social media resumé (as it were) and soon discovered photos where he is either posing with a Confederate flag or paying homage to the former flag of apartheid era South Africa. This man-child monster was a hater. He posed with things that (in his mind) were a reflection of hatred. Upon tasting something vile or bitter you immediately spit it out; that was the same reaction society had to everything (well, not Gold’s Gym) associated pictographically with this person (and I use the term “person” loosely).

There not being any strong historical connection in the American psyche with apartheid era flags attention naturally turned to the Confederate flag (or more properly the Confederate “battle flag”  – the actual national flag of the Confederacy resembled America’s revolutionary flag). For simplicity I will refer to it as “the flag.” This flag (until recently) flew in numerous places all across the American south, from both government property and private property. National attention quickly turned focus on this fact and demands were made that these flags be removed — permanently. If ever proof were needed that this flag was a symbol of hate we certainly had it now given Dylan Roof’s deployment of it as a backdrop to his angry-white-trash-loner memes.

As a white man with no cultural connection to the American south (as close as one can get to neutrality on this issue) I’ll offer my perspective. On the one hand, I have friends who I believe are truly sincere when they say for them the flag is not a symbol of hate, that it is a reminder of their heritage, in the same way immigrants might cleave to cultural symbology of “the old country”. For others it is a way to honor their direct ancestors who sacrificed their lives to protect their family from attack. These people are not closet racists just looking for a pretext to trot out passive-aggressive symbols of racism. But – I can see where the other side is coming from. After all, this flag WAS the battle emblem of a nation founded upon the principal that it is perfectly acceptable for one man to own another. Yes, secession was the result of many differences between the south and the Federal government but that doesn’t change the fact that the Confederate States of America’s constitution explicitly protected the practice of slavery. Saying the CSA was about much more than slavery, it was about a way of life, about state’s rights, etc. is all well and good, but that’s like a progressive/socialist arguing that the swastika should not offend anyone because Nazi Germany was about much more than just killing Jews… it was about deploying state programs to put people to work, swelling national pride behind a unified purpose of German greatness, and keeping people safe by outlawing private gun ownership – if but for the Holocaust that Hitler guy wasn’t so bad! (for the tone-deaf, this is sarcasm to make a point)

So to my southern friends I say this: yes, you have the right to display any symbol of your heritage you want, but you can’t feign ignorance about why some people might be offended or upset by it – the CSA’s pro-slavery stance has pooped in the punch bowl that is serving up symbols of your heritage. Sorry – feel free to commiserate with Hindus or Buddhists who had their beloved swastika ruined by the Nazi’s.

To all those that clamored, petitioned, and finally achieved the removal of the flag from state government grounds – congratulations. But now please stop. You’ve won. The movement is now getting ridiculous. People are calling for buildings, roads, and other public spaces to be renamed because they are named after someone who was openly racist, or who might have been racist, or who watched something racist on TV. People are even calling to have the corpses of former Confederate generals and soldiers dug up and removed from state-run grounds. People are also calling for the removal of the Jefferson Memorial because Jefferson owned slaves. Thomas Jefferson! They have a term for this: cultural genocide.

If the general rule used for honoring the dead is that that person never did or said anything bad or that might offend the sensibilities of someone in the future, well then I guess only saints need apply. Who shall cast the first stone? I dare say everyone who has done something memorable or praiseworthy also has had their share of dark moments. Let sleeping dogs lie and move on. You can’t change the past. It is equally important to recall the bad and the good in people – as the saying goes, if we do not learn from history, we are doomed to repeat it.

I’ll Gladly Pay You Tuesday – Not!

Jimmy enjoyed life. To more fully enjoy it Jimmy needed some money. Jimmy could have worked and saved and worked and saved – but that takes too long. Jimmy wanted to enjoy life NOW. So Jimmy borrowed money from Bob and promised to repay it later – he was a young man; he had plenty of time to pay it back. But Jimmy quickly burned through that loan and was unwilling to suffer the indignation of giving up his carefree lifestyle. So he asked to borrow some more – and he was given more, but at a higher interest rate that reflected Bob’s growing uncertainty about Jimmy’s ability to pay him back. This cycle continued for a while until the interest rate got high enough that Jimmy started to borrow less and less. Then came along Jimmy’s wealthier, older brother Timmy who agreed to co-sign all future loans with Jimmy. Knowing how wealthy Timmy was, Bob felt a lot better about his prospects for getting repaid, so he agreed to a lower interest rate. With this new found credit-worthiness Jimmy went on a binge of borrowing that vastly exceeded what he had done up to that point. This cycle of new Timmy-guaranteed loans continued until one day Timmy said “no more.” To help his brother out Timmy convinced Bob (owing to their strong business relationship) to take a “haircut” on the outstanding loans (that is, write down the amount owed) if Jimmy promised to get his financial affairs in order. Jimmy agreed and Bob complied. But after only a few years Jimmy was back to his old borrow and spend ways and Timmy and Bob had had enough. No more loans until Jimmy paid his loans on time. Jimmy was capable of doing this, but only by drastically cutting back his expenditures. Predictably Jimmy balked. He insisted he would not pay back anything unless Bob once again took a “haircut” and gave him more time to repay. The moral of the story? Don’t live beyond your means by borrowing from tomorrow to pay for today’s luxuries. Also, don’t lend money to those that obviously are unable or unwilling to repay it. This advice applies equally to individuals as well as to countries.

For those unfamiliar with the details of the current Greek debt crisis this little tale above illustrates in the abstract how Greece has behaved over the years. All the details are true, only the names have been changed to protect the innocent. Jimmy is Greece (Jimmy the Greek, get it?), Bob represents all those banks that have lent money to the Greek government over the years, first by buying Drachma based bonds and now EU-based Greek debt, and lastly, Timmy represents the EU itself. After the Euro was fully adopted in 2002 in the EU all member nations retired their national currency in favor of the Euro. The economically more productive countries imbued the Euro with a fiscal resilience that the economically weaker countries (such as Greece) have exploited. Like a reckless teenager using daddy’s credit card, under the Euro regime Greece has been able to borrow more and at a better rate than they ever could have under their Drachma.

Some have suggested if only the EU were more like the US Greece would not be in this bind. In the US the wealthy states subsidize the poorer states via federalized tax transfers (Social Security, welfare, infrastructure projects etc) without the poorer states “owing” anything. That, however, is in invalid comparison. Those are federal programs forced upon all the states. Greece is not in financial straights because of EU mandates. Greece is in trouble because of its own internal government spending. A more apt comparison would be the looming pension crisis in US states (e.g. California, Illinois, New Jersey, etc) where the governments of those states made promises to public worker retirees that are impossible to keep. Citizens of Georgia will be no more interested in bailing out Californian public sector pensioners than are citizens of Germany interested in bailing out a similarly profligate Greece. The pattern is universal in democracy: a gullible public showers with the most votes those politicians who promises them financial security with one hand by robbing their children’s piggy bank with the other.

Although we rubbernecking Americans may feel secure atop the perch of our SUV-sized economy while we idle past the spectacle of Keynesian-influenced deficit spending and Socialism that is Greece, our time is coming. When debt is measured in relation to a country’s tax revenue (that is, the ability to repay it) the US comes in third  – right behind Japan… and Greece. Be afraid. Be very afraid.

Supreme Kool-Aid

The Supreme Court rendered two landmark decisions this past week. For those short on time I will parse them in the simplest of terms. In King v. Burwell (the “Obamacare” case) the Court decided that “established by the States” can mean exactly the same thing as “not established by the States.” This ranks right up there with Bill Clinton’s inability to parse the meaning of the word “is.” This linguistic pretzel betrays the court’s predilection to save Congress from themselves. The court regards Congress as a parent would a child who keeps getting into trouble: “aw, shucks silly rabbit, you mean you didn’t anticipate that a poison pill clause aimed at punishing the citizens of recalcitrant states might blow up in your face if those states remained recalcitrant? – well, don’t you worry, old Uncle Roberts will fix that right up for you with his magical judicial word-redefiner.”

In the next decision, Obergefell v. Hodges (the “gay marriage” case) the Court affirmed the principle that we should heap accolades upon our wise overlords when they deign to stop interfering in our lives. Apparently we need the state to stop other states from doing bad things – but who will protect us when the federal state does bad things? State regulation of marriage makes about as much sense as state regulation of healthcare.

Right about now the left is feeling pretty smug and self-satisfied with these decisions. But the right has had their day, and they will once again. That’s just how our system works – the lives of 300 million people must conform to the opinion of nine random people in black robes while each side cheers for their “team.” Both sides trumpet the merits of democracy – until their side loses. When that happens they are both all too happy to jettison the “democratic” results and substitute it with the opinion of 9 monarchs.

The fact that so many wait in eager anticipation for a sign of white or black smoke wafting from the judicial chimney of the Supreme Palace betrays something rather sinister. Nearly all of us are part of a cult: the cult of the State. The figurative “kool-aid” of state-love is doled out year after year at, gasp!, state run schools. There is nearly no defense against this mountain of propaganda. We grow up believing our rights come from government and therefore when the wise sages of that august institution speak, we must pay heed.

Consider a different perspective: The US Government is the functional equivalent of a private corporation that has monopolized certain segments of the economy. It maintains its market dominance and its customer base (us) through a combination of brainwashing during childhood, the illusion of control in adulthood (voting), and the for those that would rebel against paying for products it forces upon us, the overt threat of violence from a massive military complex. Cast in that light we should see that the internal policy making procedures of this company should have as much relevance to one’s life as would the operational policy decisions made at Apple, Walmart or Payless Shoe Stores. Who cares what 9 random people think? How is it that we not only allow – we welcome – other people, (the President, Congress, or the Supreme Court) telling us how to run our lives? If you want to participate in a socialized insurance system called “Obamacare” fine, be my guest. That has as much relevance to my life as does your decision to buy car insurance from Progressive and not State Farm. However, I choose to not purchase the products of U.S. Government, Inc – Social Security, Medicare, Obamacare. I also see no need to ask permission from one of its wholly owned subsidiaries (Georgia, Inc.) to get married, get a job, start a business or educate my children.

Now some might argue that I have a “social responsibility” to purchase some products (“public goods”) and that gosh-darn someone must force me to do so if I won’t. In reality, there is no such thing as “public goods” – this is simply a name that emerges from sloppy and lazy thinking from those that can’t fathom how anything other than violence could bring such products to market. And for those inclined to cite “the roads” please bear in mind it only constitutes about 1% of government spending.

I will close with this one tidbit of irony. The determination of the constitutionality of laws by the Supreme Court (“judicial review”) is itself unconstitutional. You can scour the Constitution but you will not find the authority for the court to engage in this practice.  This notion of “judicial review” was born out of the court’s ruling in Marbury v. Madison in 1803 as a matter of expediency and we’ve suffered the consequences ever since. That the dictum “the ends justify the means” guides this court’s decision should come as no surprise considering its power to render these decisions flowed from the same principle.

Pope Francis: Lapdog of the Ruling Regime

The climate crusaders gained a “useful idiot” (look it up) in their cause this past week in one Pope Francis with the publication of his encyclical “Laudato Si’, On the Care of Our Common Home.”  Apparently the “settled science” and endless “climate shaming” over our “carbon-footprint” has been insufficient to motivate action (that is violence) at a global level – time to bring in the big guns: God. If people won’t listen to reason then let’s appeal to their sense of morality. And if that doesn’t work let’s just bombard them with vacuous nostrums that would embarrass even Deepak Chopra . Writing in his encyclical the Pope states, “There can be no renewal of our relationship with nature without a renewal of humanity itself.” Flowery prose about a collective (“our”) that exists only as metaphor underscores how our “leaders” perennially view humanity not as individuals but rather as mere clay to be pushed, prodded — and trimmed — as needed in order to reshape the world according to their vision.

As a Catholic myself (this statement now giving me a pass on the anti-Catholic label) I am dismayed by this Pope’s proclivity to not only issue papal pronouncements on issues he is ignorant of (e.g. economics, the climate) but to deliver those messages wrapped in an unabashedly pro-state and curiously un-biblical package. This Pope (and Vatican) have spewed a mountain of anti-capitalist rhetoric over the past few years that entirely misses the mark as to the cause of rising wealth inequality. It is entirely the result of big government and central banks colluding together to inflate the money supply and not, as he says, by “ideologies which uphold the absolute autonomy of markets and financial speculation.”  This is no mere pontificating on the dangers to the soul of single-minded pursuit of wealth, no, this is full on promotion of Marxist redistribution of wealth. For example from the above quote he further endorses, “…the right of control [of financial resources] to States…”. When he spoke to the UN last year he invoked the parable of Zaccheus as a way to justify the use of “political agents” that can force the “legitimate redistribution of economic benefits.” Wow. I wonder if he wears a Che Guevara t-shirt under that robe.

The Vatican even promotes the concept that evading taxes is equivalent to “stealing” from the state and the poor (because of course it’s all the state’s to begin with and their sole job is to help the poor).  I’m not sure which version of the Bible Pope Francis is reading, but in my version Zaccheus (the selfish tax collector) VOLUNTARILY chose to give to the poor. Jesus didn’t say “do this or else I’ll send the Roman guards after you”.

To underscore this Pope’s preference for state action, his new encyclical distills the fight against climate change down to a simple message: governments everywhere have a moral duty to fight climate change. Yes, you read that correctly. Fighting climate change is now a moral imperative for all mankind. The unique thing about this new flavor of “morality” is its ambiguity. Traditional moral issues (murder, rape, theft) are pretty straightforward: don’t do them. As long as I don’t murder someone, I have upheld that moral edict. But “fighting climate change”? How do I uphold that? What exactly am I supposed to do? If I drive a car that gets 30 mpg am I violating a moral tenet but not violating if it gets 40 mpg? Shall I get rid of my air conditioner (as Pope Francis has actually suggested!) in order to get in God’s good graces? Or should I just follow like a good little subject the climate edicts of my government… which may change with the prevailing winds of the latest computer model. This ambiguity should be more than sufficient to indict its moral status.

The Pope should indeed be promoting ideas of charity, peace, forgiveness, tolerance, and good stewardship. But to then endorse the authority of the state to impose these virtues upon the population is to utterly reject God’s message of salvation via the gift of free will. He gave us free will in order to allow the individual to make his or her own choices (choices which may or may not eventually lead to salvation). Apparently this Pope’s message is, “Do the right thing, but if you don’t, that guy over there (the state) will make sure you do.”

It is absolutely astounding that a Pope would make not just one but two gross theological blunders. First to cloak an ambiguous political issue in the vestments of morality and second to endorse the sacrifice of God’s gift of free will upon the altar of state sponsored utilitarianism. I don’t know whether to laugh at his brazenly sycophantic parroting of regime talking points or to cry for the untold billions that will die in the coming decades due to artificial constraints on energy production and economic output if the chicken little doomsayers like the Pope get their way.

Too Much Choice

Bernie Sanders, the (self-described) socialist Senator from Vermont recently quipped in a CNBC interview that “You don’t necessarily need a choice of 23 underarm spray deodorants or of 18 different pairs of sneakers when children are hungry in this country.” The absurdity of this remark should be self-evident, but for those that think perhaps he has a point I thought it might be instructive to deconstruct the remark so as to reveal the base ignorance of economics and markets that lead to such thinking.

The first flaw is purely a logical one. He engages in what is known as a ‘non-sequitur’ fallacy. A true claim is made (that numerous choices exist in the market) followed by another claim (children are hungry) that supposedly is a causal result of the obviously true condition already stated (too many market choices causes children to be hungry). To more clearly illustrate the absurdity of this remark, let’s modify it slightly while retaining the spirit of his rhetoric: “You don’t necessarily need a choice of 23 types of cereal or of 18 different vegetables when children are hungry in this country.”

Marxist romanticists like Sanders still pine for a past that never was in order to justify a future we should all fear.

This notion of wasteful duplication is unabashed Marxism. It has been thoroughly debunked by over one hundred years of empirical evidence. To make this claim today is tantamount to pondering if perhaps we shouldn’t rethink this whole “earth goes around the sun” thing again. Market based economies that “allow” their citizens to pursue their own independent ends in bringing goods to the market have vastly outpaced centrally controlled command-driven economies (Russia, Cuba, North Korea, former Eastern block countries) in terms of growth, overall standard of living, and reductions in poverty. But Marxist romanticists like Sanders still pine for a past that never was in order to justify a future we should all fear.

Why do some persist in subscribing to this fantasy, that if only a wise overseer could have the final say on economic activity we would have Utopia on earth? Because on an emotional level (that is, non-thinking) it feels superficially plausible. It certainly does seem like a lot of wasteful duplicative effort for many people to all make the same good in slightly different ways and then try to sell that good to the same people. Indeed when companies merge they can become more efficient by eliminating such duplication. What Sanders is actually implying (unwittingly?) is that all businesses ultimately should be merged into a single entity so as to remove all such inefficiencies. Of course this single entity would be run by the state. That hasn’t worked out so well in the past. But hey, maybe this time they’ll get it right.

In reality, we already have a centrally planned economy; every business is individually centrally planned by those running that business. It is also true that any business that directed all employees to perform the exact same task would quickly fail. So if central planning without effort duplication works at the small scale (individual business), why would it not work at the large scale, as Mr. Sanders imagines? Scaling effects and limits on human cognition. A business with 100 employees is more than ten times complex than one with 10 employees. At some point it is simply impossibly for the human mind to manage such a complicated system. We are simply incapable of processing that amount of data and making any sort of useful decisions with it. Indeed that is the biggest challenge for any growing businesses; effective management that ensures all parts runs smoothly and work together as a cohesive whole. It is far easier to manage 5 employees than 5 million. At least in the market if a large business is poorly run (and is not bailed out by the state) losses each year will tell them they are doing something wrong. In a state run economy there is no profit/loss test to tell the state they are doing it wrong; it will just merrily go about walking straight off a cliff

The amazing thing about the market is that all of these smaller parts work together in a cohesive whole without any market level central planning – it’s simply not needed. What some view as wasteful duplication is in fact a discovery process. Bernie might as well complain about all those drug researchers wasting time with experiments that go nowhere. Why don’t they just invent the drug that works from the beginning? The market operates like a science experiment. No one person can know ahead of time what is the best computer, cell phone, deodorant, or toothpaste. Many experiment with variations and then subject those experiments to the market test. A positive result equates with profit and a negative result equates with losses. The system is a self-reinforcing feedback loop that retains what we want and removes what we don’t.

So yes Bernie, we do need those choices. We all have the right both to offer whatever we want to the market and to vote with our dollars on what we will consume from that same market. Seeing as how you are not an omnipotent being, you and the state have no right to restrict those choices in any way.

Red Card!

This past week one of my neighbors was arrested by our Homeowners Association for accepting cash in exchange for allowing mere acquaintances of their son to attend his birthday parties. The HOA felt that this base corruption might reflect poorly on the neighborhood. Oh, wait, that didn’t happen. I got that confused with the fact that the U.S. government had several officials from FIFA (an international body governing soccer (or football in the rest of the world)) arrested for apparently being “corrupt” and accepting bribes because on occasion the bribe payments happened to transit U.S.territory. The parallels are uncanny. A member of a private group violated an understood trust relationship established amongst members of that group. An outside third party then felt it was incumbent upon them to throw that violator into a cage because, well, I don’t know why – it’s really none of their business in either scenario.

The FIFA members are accused of committing “crimes” that either have no victim (money laundering) or which are entirely internal conduct matters (bribery). Murder, rape, and theft – sure, feel free to get involved. But I fail to see how simple misconduct or boorish behavior rises to the level of a compelling state interest. The flip side to this corruption scandal that has so far gone unnoticed is that for every corruptor there is a corrupted. That is to say, aren’t the high ranking government officials who paid the bribes out to these FIFA officials just as culpable? That is precisely the area a state body should investigating; the corruption of its own members.

Corruption is not a crime. Corruption is a contract violation, or more specifically, a trust violation. Party A entered into a contract with Party B whereby Party B is to act in the interests of Party A. Trust violations typically occur when there is no unobtrusive way to ensure Party B is always acting in the interests of Party A. For example, if the electorate puts a politician in office to further the interests of the community but instead that politician accepts bribes and acts contrary to said interests, this would be corruption. Should that be illegal? Should that politician be locked in a cage? Or is it not a better solution for the electorate to “fire” them immediately and take back whatever gains he may have acquired? Likewise there can be corruption in a private organization such as a business, club, church or any other similar group. If an employee takes bribes to swing business toward some particular vendor, then the employer-employee trust compact has been violated. That is a dispute between the employer and the employee. If a CEO takes bribes in order to drive business in a certain way, that is a violation of trust between him and the board of directors and ultimately the shareholders. These are all strictly private matters.

The apparent open secret of widespread corruption by top FIFA officials is certainly nothing to cheer about – but it is not a crime. It is a violation of trust that harms the name of FIFA and thus by extension all who are members of FIFA. It is these members that should be pursuing their corrupt brethren, not the US Government. Some might believe that cities that lost out on World Cup hosting bids due to corruption are victims as well, but that is not the case. Such cities are no more a “victim” than is the loser of several men competing for the affections of a single women because the “winner” lavished the women with extravagant gifts. The recourse of a losing city is the same as the recourse you or I have when we discover someone does not deal fairly – refusal to associate. If a friend, associate, or business lies to us, then we can cut them out of our lives. Good riddance.

It is in the interests of FIFA to clean up its act. They may soon find that many cities will no longer trust them and will simply refuse to participate in future FIFA events. This will erode their market dominance and thus the price they can command for participating. If they don’t reform themselves quickly then this corruption will open the door to a new, and better run, organization that can take over FIFA’s role. However, the fact that this corruption has apparently been going on for well over 20 years suggests that perhaps a mountain is being made out of a molehill. We shall see.

In any event, the arrests this week should serve as a reminder of the overpowering arrogance of the U.S.government. They have in many respects taken on the mantra of the One World Government. It exerts its dominance globally both militarily and legally. It can establish whatever arbitrary rules it wishes and then enforce such rules with virtual impunity upon any person, anywhere on the planet at any time. Let freedom ring.